Youghiogheny & Ohio Coal Co. v. Oszust

I agree that an arbitrator’s decision that an employee was discharged for just cause within the meaning of a collective bargaining agreement does not preclude the administrator from determining whether a claimant was terminated for just cause within the meaning *43of R.C. 4141.29. Our conclusion that employees, in the position of appellee, are not limited to contractual remedies under the collective bargaining agreement has been reached in many other jurisdictions.2

Although courts should certainly defer to an arbitration decision when the employee’s claim is based on rights arising out of the…